Navigating workplace leave policies is crucial for both employees and employers, especially when it comes to personal and family crises. In Australia, compassionate leave, also known as bereavement leave, is a vital entitlement under the Fair Work Act 2009. It ensures employees can take time off to cope with serious illness, injury, or the death of a close family or household member without losing job security.
In this article, we’ll cover everything you need to know about compassionate leave in Australia, how much leave is allowed per year, and how it applies to various employment statuses. Whether you’re an employer developing compassionate leave policies or an employee navigating your entitlements, this guide will provide a comprehensive understanding of your rights and responsibilities.
Compassionate Leave Australia
Compassionate leave is an essential workplace right in Australia, ensuring that employees have time to grieve, make arrangements, and recover emotionally during a crisis. While full-time and part-time workers are entitled to two days of paid leave per incident, casual workers can take two days of unpaid leave. Understanding the eligibility criteria, how to request leave, and what evidence may be required can help employees navigate these difficult times more easily, and assist employers in supporting their workforce.
By incorporating compassionate leave policies into workplace practices, employers create a more empathetic and supportive work environment, benefiting both the business and its employees.
| Key Aspect | Details |
|---|---|
| Number of Days | 2 days of paid leave for full-time and part-time employees per occasion; unpaid for casual workers. |
| Eligibility | Available to full-time, part-time, and casual employees when a family member dies or suffers a life-threatening illness. |
| Evidence Requirements | Employers may request proof, such as a death certificate or funeral notice. |
| Applicable Situations | Death, life-threatening illness, miscarriage, or stillbirth involving immediate family or household members. |
| Flexibility | Leave can be taken as a continuous two-day period or split into two separate days. |
| Cumulative Nature | Leave is granted per incident, with no yearly cap on the number of occasions. |
| Official Resource | Fair Work Ombudsman |
What is Compassionate Leave?
Compassionate leave in Australia refers to a specific type of leave designed to give employees time off to cope with the emotional and logistical challenges arising from the death or serious illness of a close family member. This entitlement is part of the National Employment Standards (NES), meaning all employees, including full-time, part-time, and casual workers, have access to it under specific conditions.
Employees are entitled to compassionate leave when:
- A member of their immediate family or household dies or develops a life-threatening illness or injury.
- There’s a miscarriage or stillbirth involving the employee or their spouse.
- The employee needs to attend a funeral or make arrangements related to the death of a family or household member.
How Many Days of Compassionate Leave Can You Take?
Under Australian law, employees are entitled to 2 days of compassionate leave per occasion. Importantly, this leave is not an annual entitlement but is granted per qualifying incident, which means employees can take compassionate leave multiple times in a year if they face multiple tragedies or serious health crises within their immediate family or household.
For full-time and part-time employees, this leave is paid, while for casual workers, compassionate leave is unpaid. This provides employees some relief during challenging personal times without compromising financial stability for most workers.
Practical Example:
If an employee’s mother becomes seriously ill and passes away a few weeks later, they are entitled to take compassionate leave twice—once when their mother becomes critically ill and again upon her passing. Each of these situations qualifies as a separate event, meaning two separate two-day leaves.
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How Can Compassionate Leave Be Taken?
Employees have flexibility in how they can take their compassionate leave:
- Two continuous days: You can take both days together in a single period.
- Two separate days: You can split the leave into two separate single-day periods.
- Agreed separate periods: If agreed with the employer, the leave can be taken in any other form of split days.
The flexibility allows employees to balance their commitments, such as attending a funeral on one day and handling estate matters on another.
Eligibility and Coverage
Who Is Considered Immediate Family?
Compassionate leave is available when a member of the immediate family or household dies or becomes seriously ill. According to the Fair Work Act, the immediate family includes:
- A spouse, de facto partner, former spouse, or former de facto partner.
- Children, parents, grandparents, grandchildren, and siblings.
- Adoptive and step-relations, such as a step-parent or step-child.
If a person lives in the employee’s household but isn’t a relative (such as a close friend or distant family), the employee may still be eligible for compassionate leave with an employer agreement.
Notice and Evidence Requirements
How to Apply for Compassionate Leave:
Employees must notify their employer as soon as possible when they need to take compassionate leave. While it’s often not possible to give advance notice, employees are encouraged to inform their employer as soon as they can, even if it’s after the leave has started.
Providing Evidence:
Employers have the right to ask for evidence supporting the need for compassionate leave. This evidence could include a:
- Death certificate,
- Funeral notice,
- Statutory declaration, or
- Any other reasonable document proving the situation.
Employers must handle requests for evidence sensitively, recognizing the emotional strain employees are experiencing.
Frequently Asked Questions (FAQs)
1. Can compassionate leave be taken more than once a year?
Yes, compassionate leave can be taken for each separate incident involving a death or serious illness of a family or household member. There is no annual cap on the number of occasions for compassionate leave.
2. Can I take more than two days of compassionate leave?
Employees are entitled to two days per incident, but if more time off is needed, they can request additional leave using annual leave, unpaid leave, or other leave options, such as personal/carer’s leave.
3. Do casual employees get paid for compassionate leave?
No, casual employees are not paid for compassionate leave. They are entitled to two days of unpaid compassionate leave per incident.
4. Does compassionate leave accumulate like annual leave?
No, compassionate leave is not cumulative. It does not roll over year to year, as it’s tied to specific events rather than a general yearly entitlement.
5. Is compassionate leave separate from personal/carer’s leave?
Yes, compassionate leave is a standalone entitlement and does not reduce the balance of your personal/carer’s leave or annual leave.
